Sauvé v. Canada (Chief Electoral Officer)
Encyclopedia
Sauvé v. Canada, [2002] 3 S.C.R. 519 is a leading Supreme Court of Canada
decision where the Court held that prison
ers have a right to vote under section 3
of the Canadian Charter of Rights and Freedoms
. The Court overturned the prior decision of the Federal Court of Appeal and held that s. 51(e) of the old Canada Elections Act
, which prohibited prisoners from voting, was unconstitutional. Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to substantially the same provision found in s. 4(c) of the new Act. The Court decided that the provision violated section 3 of the Charter and could not be saved under section 1
.
As a result of the decision, all adult citizens in Canada are now able to vote, save the top two officials of Elections Canada
. As Parliament has not amended the Canada Elections Act to reflect the Court's decision, the provision is still part of the Act, , even though it is of no force or effect.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court held that prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
ers have a right to vote under section 3
Section Three of the Canadian Charter of Rights and Freedoms
Section Three of the Canadian Charter of Rights and Freedoms is a section of the Charter that constitutionally guarantees all Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court overturned the prior decision of the Federal Court of Appeal and held that s. 51(e) of the old Canada Elections Act
Canada Elections Act
Canada Elections Act is an Act of the Parliament of Canada respecting the election of members of parliament to the Canadian House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts....
, which prohibited prisoners from voting, was unconstitutional. Section 51(e) had been repealed before the date of the Court's judgment, but the decision applied equally to substantially the same provision found in s. 4(c) of the new Act. The Court decided that the provision violated section 3 of the Charter and could not be saved under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
.
As a result of the decision, all adult citizens in Canada are now able to vote, save the top two officials of Elections Canada
Elections Canada
Elections Canada is an independent, non-partisan agency reporting directly to the Parliament of Canada. Its ongoing responsibility is to ensure that Canadians can exercise their choices in federal elections and referenda through an open and impartial process...
. As Parliament has not amended the Canada Elections Act to reflect the Court's decision, the provision is still part of the Act, , even though it is of no force or effect.
See also
- List of Supreme Court of Canada cases (McLachlin Court)
- Richardson v. RamirezRichardson v. RamirezRichardson v. Ramirez, 418 U.S. 24 , held that convicted felons could be barred from voting without violating the Fourteenth Amendment.-Facts:...
, 418 U.S. 24 (1974) - similar US case - British Columbia Civil Liberties AssociationBritish Columbia Civil Liberties AssociationThe British Columbia Civil Liberties Association or BCCLA is a non-government organization in British Columbia, Canada dedicated to the preservation, maintenance and extension of civil liberties and human rights in Canada....